Website Terms of Use

INTRODUCTION
The provisions of this document form an agreement between Kajeet, Inc. d/b/a, Arterra Mobility (“Arterra,” “we,” “our” or “us”), and you. The following terms apply to your use of and access to any Web site that is owned or operated by Arterra and/or its affiliate(s) and that includes a notice indicating that it is subject to these terms. All of the provisions in this document may be referred to as Arterra’s “Terms of Use,” and any Web site that is subject to these Terms of Use may be referred to as the “Arterra Web site” or “our Web site.” By accessing or using the Arterra Web site, you agree to the Terms of Use. If you do not agree to accept and comply with the Terms of Use, you are not authorized to access or use our Web site.

PRIVACY POLICY
The provisions of our Privacy Policy are also an integral part of these Terms of Use. You may review the Arterra Privacy Policy by clicking here. By accessing or using the Arterra Web site, you are also acknowledging that you have read our Privacy Policy and that you agree that we may collect, use and disclose information as described therein.

ADDITIONAL TERMS
In addition, certain features of the Arterra Web site, and certain products or services offered through the Arterra Web site, may be subject to additional terms of use. By using such features, products or services, or any part thereof, you agree to be bound by the applicable additional terms of use. In the event that any of the additional terms of use governing such features, products or services conflict with these Terms or Use, the additional terms will govern.

LINK TO THIRD-PARTY SITES
The Web site may contain links to other Web sites that are maintained by third parties. These links are provided for convenience only. Arterra does not sponsor, endorse, exercise control over, or make any representations or warranties about those Web sites, their operators, or the content, products or services they provide. Arterra is not responsible or liable for the conduct of those Web sites’ operators, or anything offered at those Web sites, including their privacy practices. You are advised to consult the privacy policies of all Web sites that you visit.

CERTAIN RESTRICTIONS ON USE
You agree not to use the Arterra Web site in any way that is illegal or that is fraudulent, harassing or abusive as determined by Arterra in its sole discretion, including:
• You will not use the Web site to harm, bully or harass other individuals; and
• You will use the service only for personal use (not for resale or commercial purposes).
You may not use the Arterra Web site in any way to transmit any content that is unlawful, fraudulent, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive or harmful or that infringes upon others’ privacy, right of publicity, copyright or other intellectual property or other rights. We reserve the right to remove or delete any content from the Arterra Web site that we believe may violate these terms or is otherwise deemed objectionable by us in our sole discretion.

WEB SITE SECURITY AND INTEGRITY
You may not violate the security of the Arterra Web site in any way, nor may you attempt to avoid system or network limitations imposed by Arterra. You may not gain unauthorized access to, alter, destroy or otherwise “hack” any information that relates to any Arterra customer or other end-user. You may not intentionally interfere with service to any Arterra user, host or network, nor may you cause, participate in, or facilitate any denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and/or broadcast attacks. You may not falsify origin or routing information regarding any communications to, from or through the Arterra Web site, or otherwise cause, participate in, or facilitate “phishing” or other activities to solicit, or collect under false pretenses, any information from any Arterra customer or other end user.

INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT
Arterra has the right, but is not obligated, to strictly enforce these terms through self-help, active investigation, litigation and prosecution. We may also access and disclose any information (including transactional information) related to your access and use of our Web site for any lawful reason, as further described in our Privacy Policy.

NO WARRANTY
CERTAIN PRODUCTS OR SERVICES OFFERED BY ARTERRA MAY BE SUBJECT TO WARRANTIES THAT ARE STATED IN OUR SEPARATE TERMS OF SERVICE OR A RELATED DOCUMENT. YOU ACKNOWLEDGE, HOWEVER, THAT THE ARTERRA WEB SITE IS PROVIDED “AS IS” WITH NO WARRANTY. ARTERRA AND ITS LICENSORS AND VENDORS DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ARTERRA WEB SITE AND/OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ARTERRA AND ITS LICENSORS AND VENDORS DO NOT WARRANT THAT THE OPERATION OF THE ARTERRA WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR LIMITED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED. YOU ACCEPT ANY RISK ASSOCIATED WITH VIRUSES, SPYWARE, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO YOUR SYSTEMS THROUGH THE ARTERRA WEB SITE WITHOUT OUR KNOWLEDGE, AND YOU AGREE THAT ARTERRA AND ITS VENDORS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEB SITE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, AND CORRECTNESS OF THE ARTERRA WEB SITE RESTS WITH YOU.

LIMITATION OF LIABILITY
IN NO EVENT WILL ARTERRA, ITS LICENSORS OR VENDORS BE LIABLE TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE ARTERRA WEB SITE OR THESE TERMS OF USE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, COSTS OF DELAY, OR BUSINESS INTERRUPTION, REGARDLESS OF THE NATURE OF THE CLAIM OR THE THEORY OF LEGAL LIABILITY, AND REGARDLESS OF WHETHER WE ARE AWARE OR HAVE BEEN NOTIFIED THAT SUCH DAMAGES MAY OCCUR. IN NO EVENT WILL ARTERRA HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY WHOSE PRODUCTS OR SERVICES MAY BE ACCESSIBLE THROUGH THE ARTERRA WEB SITE, NOR WILL ARTERRA HAVE ANY LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY CUSTOMER OR END USER OF THE ARTERRA WEB SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARTERRA, ITS LICENSORS AND VENDORS, FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE ARTERRA WEB SITE AND/OR THESE TERMS OF USE, EXCEED ONE HUNDRED DOLLARS. YOU ACKNOWLEGE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL TERMS BETWEEN ARTERRA AND YOU RELATING TO OUR PROVISION OF ACCESS TO THE ARTERRA WEB SITE, AND ARTERRA WOULD NOT AUTHORIZE YOU TO USE THE ARTERRA WEB SITE WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.

IDEMNIFICATION
You agree to indemnify, hold harmless, and, at Arterra’s request, defend Arterra, its licensors and vendors from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that directly or indirectly arise, in whole or in part, in connection with your use of the Arterra Web site, or otherwise in connection with: (1) any violation of these Terms of Use by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law by you; or (4) information or content that you submit, post, transmit or make available through the Arterra Web site.

MODIFICATIONS TO THESE TERMS OF USE
We may change these Terms of Use from time to time. Any such changes will become effective when posted on the Arterra Web site. Changes to the Arterra Privacy Policy will become effective when posted here. If you object to any such changes in these Terms of Use or the Arterra Privacy Policy, your sole recourse will be to cease using the Arterra Web site. Continued use of the Arterra Web site following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms of Use and/or Arterra Privacy Policy, inclusive of such changes.

MODIFICATIONS TO THE ARTERRA WEB SITE
We reserve the right to modify the Arterra Web site at any time without notice. If you object to any such changes, your sole recourse will be to cease using the Arterra Web site. Continued use of the Arterra Web site following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Arterra Web site as so modified. We also reserve the right to discontinue the Arterra Web site at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Arterra Web site.

INTELLECTUAL PROPERTY RIGHTS AND PATENTS; LICENSING; COPYRIGHT NOTICES

The Arterra Web site is protected by U.S. and international copyright laws. As between Arterra and you, you acknowledge that Arterra, its licensors and its vendors retain all right, title and interest in and to the Arterra Web site, including, without limitation, ownership of all related intellectual property rights. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of phonorecords), or create derivative works from any copyrighted work made available or accessible via the Arterra Web site.

“Arterra;” “Arterra Mobility;” “Sentinel;” “Agility;” “Agility Platform;” “Daylight;” “Airlink;” “Airlink Mobile;” “Powerlink;” and “S-Link” are trademarks or service marks of Arterra or its affiliates. You may not use these or any other Arterra trademarks or service marks without Arterra’s prior written permission. All other trademarks are the property of their respective owners. Verizon, Verizon Wireless, and the Verizon logo are trademarks of Verizon Communications, Inc.; T-Mobile and the T-Mobile logo are trademarks of T-Mobile US, Inc.; Sprint and the Sprint logo are trademarks of Sprint Corporation; Google, the Google logo, and Google Maps are trademarks of Google, Inc.

Arterra is a company conceived of in 1996 by Daniel J. W. Neal and incorporated in 2003 to realize a vision for mobile devices and other mobile services that could be safely used by children and all those who love them. From his vision has grown a patent portfolio of thirty (30) issued U.S. patents with a number of pending applications directed to different aspects of this technology.

Kajeet products and services are protected by the following issued U.S. Patents:
7,881,697; 7,899,438; 7,945,238; 8,078,140; 8,285,249; 8,588,735; 8,594,619; 8,600,348; 8,611,885; 8,630,612; 8,634,801; 8,634,802; 8,634,803; 8,639,216; 8,644,796; 8,667,559; 8,706,079; 8,712,371; 8,725,109; 8,731,517; 8,755,768; 8,774,754; 8,774,755; 8,918,080; 8,929,857; 8,995,952; 9,125,057; 9,137,386; 9,137,389; and 9,237,433. Other patent applications and continuation-in-part applications are pending.

The Arterra patent portfolio includes four patent families directed to (1) policy control for mobile devices, (2) electronic wallets for managing pre-paid and plan-limited mobile devices, (3) selective access control for mobile devices, and (4) sponsored connectivity services for mobile devices. Within these families are numerous claims applicable to Mobile Device Management, Shared Data Plans, and Employer-Managed Mobile Devices.

The Arterra patent portfolio has been strategically and purposefully prosecuted to mitigate the risk of invalidity challenges. As a result of extensive pre-filing patent and non-patent prior art searches and prosecution citations, comprehensive Invention Disclosure Statements (IDS) have been progressively filed during prosecution of all Arterra patent applications. Eight different patent examiners have reviewed this portfolio; hence, existing validity opinion at the patent office is exceptionally diverse. As we learn of new prior art, it will be submitted on an IDS and reviewed by the patent office as part of our on-going prosecution efforts.

In addition, we have fully vetted the patent eligibility issue relative to our patents and are confident that the patents in the Arterra portfolio are not directed to abstract ideas as are some other software patents. Instead, the inventions in the Arterra patents are specific improvements in mobile device and mobile network communication technologies. They address a problem that did not exist until the proliferation of mobile devices in the work place, among families and children, or at schools. Solutions and products developed and commercialized by Arterra provide for safe and secure use of the latest mobile technology.

Commercialization and Licensing of Our Patents

Arterra is a successful and growing operating company that was started by three dads figuring out how mobile technology, kids, and parents work best. They had the foresight to protect their ideas through building a robust patent portfolio. Arterra is not a “patent troll.” Arterra , having raised over $100 million in venture capital, is a model of American invention, innovation, and commercial success delivering real solutions across the U.S. and beyond.

Arterra has allowed others to compete with it in certain market segments by licensing its patents and source code in return for commercially reasonable licensing fees.

Arterra provides valuable products and services to fulfill real market needs. Arterra has made a significant investment in developing its patent portfolio so as to avail itself of protection available to it under the law from those individuals and entities that are practicing the unique Arterra intellectual property without a license.

As a good corporate and commercial citizen, Arterra is actively licensing its patents and invites any person or company seeking to license the Arterra patent portfolio to contact Arterra directly at:

General Counsel
Kajeet, Inc.
7901 Jones Branch Drive, Suite 350
McLean, VA 22102

By fax:            240-482-3578
By email:        patents@kajeet.com

Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Arterra, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to Arterra or any of its employees or representatives automatically become the property of Arterra.

Copyright Notice

You understand that some information and content may be posted upon the Arterra website by third parties, or transmitted or made accessible through the Arterra website by third parties. It is the policy of Arterra to respect the copyrights of third parties. If you believe your copyright has been violated by information or content upon, transmitted through, or accessible through the Arterra website, please contact us at:

General Counsel
Arterra Mobility
7901 Jones Branch Drive, Suite 350
McLean VA 22102

By fax: 240-482-3578
By email: copyright@kajeet.com

Arterra reserves the right to terminate account holders and subscribers who are infringers of intellectual property rights.

TERMINATION
These Terms of Use will become effective and binding when you use the Arterra Web site, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Arterra Web site (such as clicking buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Arterra Web site. We reserve the right to terminate these Terms of Use and your access to the Arterra Web site at any time without notice. Your rights under these Terms of Use will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms of Use. The provisions of the following headings will survive the termination of these Terms: “No Warranty,” Limitation of Liability,” “Indemnification,” “Intellectual Property Rights; Copyright Notices,” “Governing Law,” and “Miscellaneous.”

GOVERNING LAW
These Terms of Use are governed by and must be construed under the laws of the Commonwealth of Virginia, without regard to its rules regarding conflicts of laws. You agree that the federal and state courts sitting in and for Fairfax County, Virginia, have exclusive jurisdiction over and venue of any suit that relates to these Terms of Use.

MISCELLANEOUS
You agree to comply with all laws, rules and regulations that apply to your use of the Arterra Web site, including, without limitation, any applicable U.S. export laws governing technical information and/or software. No failure by Arterra to insist upon or enforce performance of any provision in these Terms of Use will be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in these terms. In no event may you assign your rights or delegate your responsibilities under these Terms of Use, and any purported assignment or delegation by you will be void and have no effect. Arterra may assign its rights and duties under these terms to any party at any time without notice to you. If any provision is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the other terms so that it does not affect the validity and enforceability of any remaining provisions. You agree that any claim or cause of action that you may have related to the Arterra Web site and/or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Use, including the Privacy Policy and any additional terms incorporated herein, constitute the entire agreement between Arterra and you with regard to the matters described above.

QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Arterra by clicking here.

We hope you enjoy using our services and we welcome suggestions for improvements.

CONTACT